Police Check / Probity Policy
Background
Mable is a safeguarded online platform which provides Users with an online network to connect aged care and disability consumers with independent support providers in their local communities. We are committed to taking steps to protect people with disability and people who are ageing to ensure that they are not placed at unreasonable risk by using the Mable website.
This policy sets out what checks we need, where to get them and what we’ll do with the information contained within these checks in order to protect Mable support providers and clients.
This policy also outlines the process that Mable undertakes to review disclosable court outcomes on a Nationally Coordinated Criminal History Check Certificate (‘Police Check’).
Scope
This policy applies to all support providers providing, or offering to provide, services to customers via the Mable website.
Mable’s responsibilities
This policy extends responsibility to Mable for:
- Applying this policy, procedures and associated guidelines; and
- Managing the verification and outcome of checks in accordance with Mable’s internal procedures.
Requirements for support providers
As a result of our commitment to safeguard users of the Mable website, we require all support providers using the Mable website to:
- Obtain and provide Mable with a valid Police Check prior to their profile being made available on the Mable website and offering services;
- Obtain and provide Mable with a valid Working with Children Check (‘WWCC’) if the support provider wishes to provide services to minors, as required under the relevant State legislation;
- Obtain and provide a Working with Vulnerable People Card (WWVP) if the support provider is located in Tasmania or ACT;
- Provide a copy of their Police Check and/or WWCC when requested by an approved provider or a customer;
- Obtain and provide Mable with a new Police Check every three years; and
- Notify Mable immediately if they are charged with, or are convicted of, any criminal offence by contacting Mable.
Obtaining a Police Check
A Police Check must be obtained through the link provided by Mable, also through Checked Australia Pty Ltd.
Working with Children Check (WWCC)
Working with Children Checks are state-based and required for support providers offering services to children under the age of 18.
| State | Responsible body issuing WWCC | Valid for |
| NSW | Office of Children’s Guardian | 5 years |
| Qld | Blue Card Services | 3 years |
| Vic | Working with children check Victoria | 5 years |
| SA | Department of Human Services | 5 years |
| WA | WA Government Working with children check | 3 years |
| NT | Working with children clearance | 2 years |
| Tas | Consumer, Building and Occupational Services | 5 years |
| ACT | ACT Government | 3 Years |
A Working with Children Check (WWCC) cannot be accepted as an alternative to a Police Check.
Confidentiality
Mable will only use the information in a Police Check for the purposes of determining a person’s suitability to provide independent support work through the Mable platform.
Mable will protect applicant information in accordance with our Privacy Policy and ensure the information about any criminal record is used solely for the purposes in which it is intended.
We may engage the services of a third-party service provider to assist us with our enquiries (including verifications of Police Checks).
We may provide a copy of a support provider’s Police Check and/or WWCC to any customers or Approved Providers who engage the support provider, or are connected to their engagement on Mable.
Assessing Disclosable Court Outcomes
The following items are assessed as ‘disclosable court outcomes’:
- Record of court convictions
- Findings of guilt
Mable will not discriminate on the basis of a criminal record when making a decision to accept or reject an independent support provider sign-up request. It is not an act of discrimination to find a support provider unsuitable if their criminal record is relevant to the provision of support work. Mable considers a range of factors to strike a balance between allowing those with criminal records to find work and upholding the safety of those receiving support through Mable in an unsupervised environment.
When reviewing disclosable court outcomes on a Police Checks, Mable will comply with:
- All applicable legislation of the Commonwealth, or any state and territory or local authority, legislation which prevents discrimination based on criminal records;
- Privacy laws, any Approved Provider’s Privacy Policy and take into consideration the Human Rights and Equal Opportunity Commission Act 1986 (Cth), Commonwealth Spent Convictions Scheme and the Crimes Act 1914 (Cth).
i) Precluding offences
There are certain offences that will preclude a person from providing support services through the Mable platform. This follows legal requirements, industry guidelines (including the Aged Care Worker Screening Guidelines and the NDIS Risk Assessment Guidance from each State) and works to safeguard support recipients. These offences are:
- Murder or sexual assault
- Assault offences carrying an imprisonment sentence
- Any offence involving harm or exploitation of children, people with disabilities or seniors
- Serious alcohol and/or drug related offences that indicate a recent pattern of dependence or substance abuse
- Serious dishonesty offences, or a pattern of offences involving dishonesty
- Drug trafficking that results in a prison sentence
- Terrorism
ii) Assessing disclosable court outcomes
Where a disclosable court outcome does not fall within the precluding offences listed above, Mable assesses the relevance of the offending to providing support through the Mable website. As part of this process, Mable will offer the applicant an opportunity to explain the surrounding circumstances of the offence, outline any rehabilitative steps taken and provide the reasons that they believe they are still suited to independent service delivery on the Mable website.
When conducting this assessment, Mable places strong emphasis on customer safety and the unsupervised nature of the services offered through the Mable platform. In addition, the following factors are considered:
- The unsupervised nature of the services provided
- The relevance of the police history information to the work
- The seriousness of the conviction or offence
- The severity of any penalty imposed
- Whether excluding the person is proportionate to the type of conviction(s)
- The number of offences recorded
- The employment history of the applicant
- Whether the offence has been decriminalised or removed from the statutes
- Whether or not a conviction was recorded
- The age of the applicant when the offending occurred
- The period of time that has elapsed since the offending took place
- The circumstances in which the offence took place
- Whether the applicant’s circumstances have changed since the offence was committed, for example, they have rehabilitated from previous offending
- The attitude of the applicant to their previous offending behaviour
- The likelihood of an incident occurring if the applicant was accepted
- The likely impact of an incident if the person was accepted to perform their duties.
In the event that there is an ongoing investigation relating to an offence and the offence is one that is relevant to the provision of support work which would likely result in exclusion from the Mable platform, Mable will await the outcome of the investigation before drawing a conclusion on suitability.
iii) Assessing driving offences for support providers
Support providers that have recently incurred multiple minor traffic offences, a serious traffic offence, or a driving under the influence of drugs or alcohol conviction, may not be able to list transport as a service on their profile.
Support providers with serious traffic offences (including high range driving under the influence of drugs or alcohol) may be excluded, after consideration of the nature of the offence and the other considerations listed in ii) above
iv) Assessing renewed Police Checks
If an existing support provider or employee renews their Police Check and new disclosable court outcomes are listed on their Police Check, the offences will be assessed using the same factors outlined above. On the balance of these factors, if Mable concludes that the court history presents an unreasonable risk to our clients, Mable will remove the support provider from the platform and encourage clients to engage alternative support.
Definitions
’Disclosable outcome’
Record of court convictions and findings of guilt, to which provisions of relevant spent convictions / non-disclosable legislation and / or information release policies have been applied.
‘Spent convictions’
Refers to both the Commonwealth Spent Convictions Scheme and various state and territories spent conviction legislation.
The spent conviction legislation is in place to prevent discrimination on the basis of certain previous convictions. The legislation limits the use and disclosure of older, less serious convictions and finding of guilt. Each state and territory of Australia have their own spent conviction legislation and will apply the relevant spent conviction legislation/ release policy prior to disclosure.
For more information
Please see:
- Mable Privacy Policy
- Mable Terms of Use
- Privacy Act 1988 (Cth)
- Commonwealth Spent Convictions Scheme
- Crimes Act 1914 (Cth)
- Freedom of Information Act 1982 (Cth)
- Human Rights and Equal Opportunity Commission – ‘On the Record –
- Guidelines for the prevention of discrimination in employment on the basis of a criminal record’
Feedback
These policies will be updated throughout the year as required.
Your thoughts, comments and suggestions are welcome. Please direct any feedback by contacting Mable.
Version date: 13 April 2023
